HomeMy WebLinkAboutSTA201400003 Legacy Document 2014-12-05 (2)Draft: 12/01/14
ORDINANCE NO. 15-14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE I, GENERAL
PROVISIONS, ARTICLE II ADMINISTRATION AND PROCEDURE, ARTICLE III, SUBDIVISION
PLAT REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED, AND ARTICLE IV, ON-SITE
IMPROVEMENTS AND DESIGN, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14,
Subdivision of Land, Article I, General Provisions, Article II, Administration and Procedure, Article III,
Subdivision Plat Requirements, and Article IV, On -Site Improvements and Design, are hereby amended
and reordained as follows:
By Amending:
Sec. 14-101 Purposes
Sec.14-106 Definitions
Sec. 14-200 Designation of agent; powers and duties
Sec. 14-202.1 Amendments to a plat
Sec. 14-203 Fees
Sec. 14-203.1 Variations and exceptions.
Sec. 14-207 Rural subdivisions, two lot subdivisions, subdivisions following final site plan approval,
and subdivisions creating one special lot and one residue lot
Sec. 14-208 Family subdivisions
Sec. 14-208.3 Plats creating a special lot and one residue lot
Sec. 14-213 General
Sec. 14-217 Review of preapplication schematic plat
Sec. 14-222 Review and action on preliminary plat by agent
Sec. 14-226 Submittal of final plat; determination of completeness
Sec. 14-227 Review of final plat by site review committee
Sec. 14-232 When private streets in rural areas may be authorized
Sec. 14-302 Contents of preliminary plat
Sec. 14-303 Contents of final plat
Sec. 14-305 Stormwater management information
Sec. 14-307 Stream crossings
Sec. 14-308.1 Groundwater assessment information
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway
Sec. 14-409 Coordination and extension of streets
Sec. 14-410 Standards for all streets and alleys
Sec. 14-413 Improvement of existing public streets
Sec. 14-417 Stormwater management facilities and other control measures
Sec. 14-422 Sidewalks and planting strips
Sec. 14-429 Reservation of land for streets, alleys, walkways, waterways or public areas shown on
map
By Amending and Renaming:
Sec. 14-225 Effect of
approving a nreliminary plat on early or massrg ading
Sec. 14-231.1 Recordation and plzeriod of validity of approved final plat
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By Adding:
Sec. 14-203.3 Special exceptions
Chapter 14
Subdivision of Land
Article I. General Provisions
Sec. 14-101 Purposes.
The purposes of this chapter are to:
A. Improve the public health, safety, convenience and welfare of the citizens of the county
by assuring the orderly division of land and its development;
B. Provide residential areas with healthy surroundings for family life by assuring that land is
divided and developed in a manner that is harmonious with its surrounding lands;
C. Implement the comprehensive plan and the policies stated in seetion1.4 ar the zoning
ordinance through the standards and procedures established herein;
D. Awe Ensure that the development of the county is consonant with efficient and
economical use of public funds;
E. Ase Ensure that all improvements required by this chapter will be designed,
constructed and maintained so as not to become an undue burden on the community; and
F. Establish standards for lot development that are specific to, and most appropriate for, the
lands within the development and rural areas of the county.
((§18-1: § 2, 8-28-74; § 18-1, 9-5-96)(§ 18-14: §3, 8-28-74; § 18-14, 9-5-96); §§ 18-1, 18-14; § 14-101,
Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2240.
Sec. 14-106 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
Control point. A known latitude/longitude (or X/Y) geographic location obtained in the field
using either a global positioning system or other location -determining equipment, acquired in a manner
that will yield an X,Y position that can be demonstrated to have submeter accuracy, and whose position
coordinates are expressed relative to the State Plane VA South US Survey Feet based on the North
American Datum of 1983 (NAD 83).
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Program authority. The term "program authority" means the
County of Albemarle, Virginia, as
codified in chapter 17or�de.
Stormwater discharge. The term "stormwater discharge" means a discharge of runoff from sites
where one or more of the following are located: (i) land disturbing activities including, but not limited to,
clearing, grading, or excavation: (ii) construction materials or equipment storage or maintenance
including, but not limited to, fill biles, borrow area, concrete truck washout, fueling: or (iii) other
industrial stormwater directly related to the construction process including, but not limited to. concrete or
asphalt batch plants.
Stormwater management plan. The term "stormwater management plan" means a dem
plan"Vir-ginia Stefmwater- Management Program implemented in ehapter- 17 of the eede The term "stemawa4ef
management fneans plan which meets the requirements of section 17-403 containing information
for describing methods for complying with the applicable requirements of this chapter, and which
typically contains two major components: (i) measures addressing stormwater detention for water
quantity and discharge characteristics impacts; and (ii) measures addressing nutrient loadings and water
quality. A stormwater managementplan is a component of a VSMP permit.
((§ 18-2(part): 4-21-76; 12-15-76; 3-29-78; 7-9-86; 4-13-88; 9-5-96)(§ 18-56: 8-28-74; 10-17-79; 4-13-
88; 9-5-96); §§ 18-2, 18-56; § 14-106, Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-
05, effective 6-20-05; Ord. 11-14(1), 6-1-11; Ord. 12-14(1), 7-11-12; Ord. 13-14(1), 12-4-11, effective 1-
1-14)
State law reference -Na. Code § 15.2-2252.
Article II. Administration and Procedure
Division 1. Administration
Sec. 14-200 Designation of agent; powers and duties.
The director of community development is hereby designated the agent of the board of
supervisors for the purpose of administering chapter 14 except as otherwise expressly provided. The agent
shall have the powers and duties to:
Draft: 12/01/14
A. Receive, process., and act on all applications as provided in chapter 14.
B. Establish reasonable administrative procedures as deemed necessary for the proper and
efficient administration of chapter 14.
C. Make all determinations and findings and impose all applicable requirements in
reviewing an application under chapter 14.
D. Consider and act on requests to vary or except the regulations of chapter 14 as provided
in section 14-203.1.
E. Consult with the board of supervisors, the commission, the site review committee, and
any county, state or federal authority.
(§2, 8-28-74; § 18-10, 9-5-96, § 14-200, Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05;
Ord 13-14(1), 12-4-13, effective 1-1-14)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2259.
Sec. 14-202.1 Amendments to a plat.
Changes, revisions or erasures (collectively, "amendments") to a plat, including any amendment
resulting from the approval of any variation or exception under section 14-203.1 or from the approval of a
special exception under the zoning ordinance, may be made as follows:
A. Prior to approval. Before a plat is approved by the agent, the subdivider may amend a
plat or accompanying data sheet that has been submitted to the county if the agent authorizes the
amendment in writing or if the site review committee requires the amendment in its review of the plat.
The procedures and requirements for preliminary and final plats apply to amendments to a plat.
B. After approval. After a plat is approved by the agent, the subdivider may amend the plat
if the amended plat is submitted, reviewed and approved as provided in under section 14-209 or sections
14-213 through 14-231.1, as applicable; provided that the agent may approve amendments to an approved
final plat without proceeding under section 14-209 or 14-213 through 14-231.1, as applicable, if he
determines that the plat, as amended: (i) complies with all requirements of this chapter and all other
applicable laws; (ii) is substantially the same as the approved plat or site plan; and (iii) will have no
additional adverse impact on adjacent land or public facilities.
C. Signature by owner. An amended final plat shall be signed by the owner as provided in
section 14-303(0).
(§ 14-238, Ord. 98-A(1), 8-5-98; § 14-231.1, Ord. 05-14(1), 4-20-05, effective 6-20-05; § 14-202.1, Ord.
13-14(1), 12-4-13, effective 1-1-14)
State law reference — Va. Code §§ 15.2-2241(9), 15.2-2255.
Sec. 14-203 Fees.
Each subdivider shall pay a fee upon the submittal of a plat or other application, based on the
schedule below; provided that neither the county nor the county school board shall be required to pay any
fee if it is the applicant. Except as provided in subsection (11)(7), the fee shall be in the form of cash or a
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check payable to the "County of Albemarle."
A. Preliminary plat:
If subject to review by the agent:
(a) Two -lot subdivision as described in section 14-232(B)(2) or if all lots
front on an existing public street: $250.00.
(b) 1 to 9 lots: $1,150.00.
(c) 10 to 19 lots: $1,150.00.
(d) 20 or more lots: $1,150.00.
2. Reinstatement of review: $520.00.
3. Each filing of a preliminary plat, whether or not a preliminary plat for the same
property has been filed previously: The applicable preliminary plat fee.
B. Final plat:
If subject to review by the agent:
(a) Two -lot subdivision as described in section 14-232(B)(2) or if all lots
front on an existing public street: $540.00.
(b) 1 to 9 lots: $1,000.00.
(c) 10 to 19 lots: $1,100.00.
(d) 20 or more lots: $1,230.00.
e) Final plat submitted without prior approval of a preliminary plat:
i) Two lot subdivision as described in section 14-232(B)(2) or if all
lots front on an existing public street: $790.00.
(ii) 1 to 9 lots: $2.150.00.
(iii) 10 to 19 lots: $2.250.00.
(iv) 20 or more lots: $2.380.00.
2. Condominium plat: $100.00.
3. Reinstatement of review: $520.00.
G. Groundwater assessment information required by section 14-308.1:
Tier 1 assessment under section 17 40.1 17-1001: $50.00.
2. Tier 2 assessment under section 17 402 17-1002: $330.00.
3. Tier 3 assessment under section 17 403 17-1003: $510.00.
4. Tier 4 assessment under section 17 404 17-1004: $1,100.00.
(§ 3, 8-28-74; 11-10-76; 3-2-77; 12-14-77; 12-1-82; 4-17-85; 6-7-89; 12-11-91; § 18-43, 9-5-96; § 14-
203, Ord. 98-A(1), 8-5-98; Ord. 99-14(1), 6-16-99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), adopted 12-8-
Draft: 12/01/14
04, effective 2-8-05; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(1), 5-13-09, effective 10-1-09;
Ord. 11-14(1), 6-1-11; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference -Na. Code § 15.2-2241(9).
Sec. 14-203.1 Variations and exceptions.
The requirements of this chapter may be varied or excepted as follows:
A. Exception from requirement to provide certain details in subdivision plat. The agent may
except certain details of a plat and any other information required by sections 14-302 through 14-318
expressly authorized to be varied or excepted, as provided herein:
1. Request for exception. A subdivider requesting an exception shall submit to the
agent a written request stating the reasons for the request and addressing the applicable finding in
subsection (A)(2).
2. Finding. An exception may be approved if the agent finds that unusual situations
exist or that strict adherence to requiring the details in sections 14-302 or 14-303 would result in
substantial injustice or hardship. This finding shall be supported by information from the site review
committee that all of the details required by sections 14-302 and 14-303 are not necessary for its review
of the proposed subdivision, and from the zoning administrator, in consultation with the county engineer,
that the details waived are not necessary to determine that the subdivision is developed in compliance
with this chapter and all other applicable laws.
3. Action by the agent on a request. The agent may approve or deny the request. In
approving an exception, the agent shall identify the details otherwise required by sections 14-302 and 14-
303 that are excepted.
B. Variation or exception from any requirement of section 14-400 et seq. The agent or the
commission may vary or except any requirement of section 14-400 through 14-441 expressly authorized
to be varied or excepted by the agent or the commission, as the case may be, as provided herein:
1. Request for a variation or exception. A subdivider requesting a variation or
exception shall submit to the agent a written request stating the reasons for the request and addressing the
applicable findings in subsections (B)(2) and (B)(3) and all of the information required to be submitted by
the applicable regulation. When a variation is requested, the subdivider also shall describe the proposed
substituted technique, design or materials composing the substituted improvement. The r-equest should be
stibmAtted before the site review eeffhnaiaee eensider-s the pr-efifrAnafy plat, if . The request shall
be submitted before the site review committee considers the plat: provided that the agent may authorize a
request to be submitted after the site review committee has considered the plat subject to the subdivider
consentingtpending the running of the time by which the agent must act on a plat under sections 14-
209. 14-222 or 14-230, as applicable, from the date the request is submitted until the date the site review
committee transmits its requirements and recommendations to the agent. The agent may request that the
site review committee provide information and a recommendation on any request for a variation or
exception. If the commission is authorized to grant the variation or exception, the agent shall forward his
and the site committee's recommendations to the commission.
2. Findings required for a variation. The agent or the commission may approve a
request for a variation to substitute a required improvement upon finding that because of an unusual
situation, the subdivider's substitution of a technique, design or materials of comparable quality from that
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required by the applicable regulation results in an improvement that substantially satisfies the overall
purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in the
applicable regulation.
3. Findings required for an exception. The agent or the commission may approve a
request for an exception from any requirement of the applicable regulation upon finding that: (i) because
of an unusual situation, including but not limited to, the unusual size, topography, shape of the site or the
location of the site; or (ii) when strict adherence to the requirements would result in substantial injustice
or hardship by, including but not limited to, resulting in the significant degradation of the site or to
adjacent properties, causing a detriment to the public health, safety or welfare, or by inhibiting the orderly
development of the area or the application of sound engineering practices.
4. Action by the agent on a request, conditions. The agent or the commission may
approve, approve with conditions, or deny the request. If a request is approved, the agent, for himself or
on behalf of the commission, shall prepare a written statement regarding the findings made. If a request is
denied, the agent, for himself or on behalf of the commission, shall inform the developer in writing within
five (5) days after the denial, and include a statement explaining why the request was denied. In
approving a request, the agent or the commission may impose reasonable conditions deemed necessary to
protect the public health, safety or welfare.
C. Appeals. The decision of the agent or the commission may be appealed as provided in
section 14-203.2.
((§ 14-224.1: Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09)(§ 14-225.1: §10, 8-28-
74; § 18-3, 9-5-96; § 14-237, Ord. 98-A(1), 8-5-98, § 14-225.1, Ord. 05-14(1), 4-20-05, effective 6-20-
05; Ord. 09-14(2), 10-14-09); §§ 14-224.1, 14-225.1; § 203.1, Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference — Va. Code §§ 15.2-2241(9), 15.2-2242(1).
Sec. 14-203.3 Special exceptions
A request for a special exception under the zoning ordinance pertaining to a pending plat shall be
submitted before the site review committee considers the plat: provided that the Agent may authorize a
request to be submitted after the site review committee has considered the plat subject to the subdivider
consentingtpending the running of the time by which the agent must act on a plat under sections 14-
209, 14-222 or 14-230, as applicable, from the date the request is submitted until the date the site review
committee transmits its requirements and recommendations to the agent. The agent may request that the
site review committee provide information and a recommendation on any request for a variation or
exception. If the commission is authorized to grant the variation or exception, the agent shall forward his
and the site committee's recommendations to the commission.
State law reference — Va. Code § 15.2-2241(9.
Division 2. Provisions of Chapter Applicable to Subdivisions and Easement Plats
Sec. 14-207 Rural subdivisions, two lot subdivisions, subdivisions following final site plan approval,
and subdivisions creating one special lot and one residue lot.
The following sections of this chapter shall apply to each rural subdivision, a subdivision
resulting in two lots, a subdivision following final site plan approval, and a subdivision creating one
special lot and one residue lot:
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A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204 and sections 14-209, 14-
231, 14-231.1 and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-
302(A)(1), (3), (4), (5), (6), (7), (9), (10), (11), (14), (15) and (16), 14-302(B)(1), (2), (4), (5), (6), (7), (8),
(9) and (10), 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (0) and (P), 14-304, 14-305(B), 14-307, 14-
307.1, 14-308.1, 14-309, 14-310, 14-312, 14-314, 14-316 and 14-318.
D. On-site improvements and design: Sections 14-400, 14-403, 14-404 if any proposed lot
would have less than five hundred (500) feet of frontage on a major rural street identified in subsection
14-207(E) or if the proposed subdivision is a subdivision resulting in two lots, 14-406, 14-414, 14-416,
14-421, 14-426, 14-427, 14-433, 14-438 and 14-441.
(8-28-74; 11-13-74; 5-2-79; 2-4-81; 12-21-83; 7-9-86; § 18-13(b), 9-5-96; § 14-207, Ord. 98-A(1), 8-5-
98; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09; Ord. 13-14(1), 12-4-13, effective
1-1-14)
State law reference -Na. Code § 15.2-2241(9).
Sec. 14-208 Family subdivisions.
The following sections of this chapter shall apply to each family subdivision, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, 14-208, 14-209, 14-
211, 14-212, 14-231, 14-231.1, 14-232(B) and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-
302(A)(1), (3), (4), (5), (6), (7), (9), (10), (11), (13), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8),
(9) and (10), 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (M), (N), (0), (P), (Q) and (S), 14-304, 14-
305(B), 14-307, 14-307.1, 14-308.1, 14-309, 14-310, 14-312, 14-314 and 14-318.
D. On-site improvements and design: Sections 14-400, 14-401, 14-402, 14-403. 14-404; if a
private street will be constructed or approved as authorized by section 14-232(B)(1), then also sections
14-316, 14-406, 14-410(F) and 14-412(A)(4); if any part of the property within a proposed family
subdivision is within the jurisdictional area of the service authority, then also section 14-414, but if not,
each lot, including a lot not required to connect to public sewer service pursuant to section 14-414, which
is less than five (5) acres, shall comply with the requirements of sections 14-416, 14-421 and 14-426
through 14-441.
((§ 18-57 (part): 8-28-74; 10-17-79; 12-21-83; 4-13-88; 1-3-96; 9-5-96) (§ 18-58 (part): 8-28-74; 9-5-96)
§§ 18-57, 18-58; § 14-208, Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 13-
14(1), 12-4-13, effective 1-1-14)
State law reference -Na. Code §§ 15.2-2241(9), 15.2-2244(C).
Draft: 12/01/14
Sec. 14-208.3 Subdivision creating a special lot and one residue lot
The following sections of this chapter shall apply to each subdivision creating one or more
special lots and one residue lot:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204 and sections 14-209, 14-
226, 14-229 and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-
302(A)(1), (3), (4), (5), (6), (7), (9), (10), (11), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9)
and (10), 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (0)3 a*d (P), and T 14-304, 14-305(B), 14-
310, 14-312, 14-314 and 14-316.
D. On-site improvements and design: Sections 14-406, 14-414, 14-416, 14-421, 14-426, 14-
427, 14-433 and 14-438.
(Ord. 11-14(1), 6-1-11)
Division 4. Procedure for All Other Subdivisions
Sec. 14-213 General.
The procedures in sections 14-214 through 14-231.2 shall apply to each subdivision that does not
qualify for the procedures in section 14-209.
A. Preapplication conference and schematic plat optional. The preapplication conference
and schematic plat procedure set forth in sections X4-213 14-214 through 14-216 is not mandatory and is
at the sole option of the subdivider.
B. Preliminary plat required for subdivisions resulting in more than 50 lots; prerequisite to
submittal of final plat. If a nronosed subdivision would result in more than fifty (50) lots, tThe
preliminary plat procedure set forth in sections 44-217 14-218 through 14-225 is mandatory and no final
plat shall be submitted unless a preliminary plat was approved for the subdivision and the preliminary plat
is valid at the time the final plat is submitted.
C. Preliminary plat is optional for subdivisions resulting in 50 or fewer lots. If aro posed
subdivision in fifty (50) lots or fewer, the preliminary plat procedure set forth in sections 14-218 through
14-225 may be pursued at the option of the subdivider.
(§ 8, 8-28-74; 5-5-82; § 18-54, 9-5-96§ 14-213, Ord. 98-A(1), 8-5-98; Ord. 01-14(1), 5-9-01; Ord. 05-
14(1), 4-20-05, effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference -Na. Code §§ 15.2-2241(9), 15.2-2260.
Sec. 14-217 Review of preapplication schematic plat.
Each preapplication plat meeting the requirements of sections 14-215 and 14-216 and each letter
provided by section 14-214(B) shall be reviewed by the agent. Within ten (10) days after the submittal,
the agent shall send written comments to the subdivider addressing the following:
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A. Compliance with zoning. Whether the proposed use and density complies with this
chapter and all applicable proffers, special use permits and conditions thereof, special exceptions and
conditions thereof, variances and conditions thereof, application plats and codes of development.
B. Variations, exceptions and special exceptions. Identify all variations and exceptions that
will be required under chapter 14 and all special exceptions that will be required under the zoning
ordinance, including references to the sections in this chapter under which the variation, exception or
special exception will be sought, the sections authorizing the variation, exception or special exception,
and the sections identifying the information the subdivider must submit in order for the variation,
exception or special exception to be considered.
C. Fees. The amount of the fees required for reviewing the plat and any request for a
variation or exception.
D. Required changes. Identify any features on the plat required to be changed in order to
comply with this chapter or any applicable requirement of a proffer, special use permit, special exception,
variance, application plat or code of development.
E. Recommended changes. Identify any features on the plat recommended to be changed to
address components of the comprehensive plan or sound planning, zoning or engineering practices.
F. Additional information. The agent may require additional information to be shown on the
preliminary or final plat as deemed necessary in order to provide sufficient information for the agent to
adequately review the plat including, but not limited to, information from a traffic study, landscaping,
historic resources and groundwater.
(Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference — Va. Code §§ 15.2-2241(9),15.2-2255, 15.2-2258, 15.2-2283, 15.2-2286(A)(8),
Sec. 14-222 Review and action on preliminary plat by agent.
The agent shall review and act on a preliminary plat as follows:
A. Review. The agent shall review the preliminary plat for compliance with all requirements,
and shall make a good faith effort to identify all deficiencies, if any, during review of the plat. The agent
shall consider the recommendation of the site review committee as to whether the plat complies with all
applicable requirements and any statement by the subdivider. The agent also may consider any other
evidence pertaining to the plat's compliance with the requirements of this chapter as deemed necessary
for a proper review of the plat.
B. Time for action. The agent shall act on the preliminary plat within sixty (60) days after
the date the plat was officially submitted, provided:
1. Alternative time for action if state agency approval is required. If approval of a
feature on the plat by a state agency is required, the agent shall approve or disapprove the plat within
thirty-five (35) days after receipt of approvals from all state agencies, and not more than ninety (90) days
after the date the plat was officially submitted.
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2. Suspension of running of time for action. The running of the time by which the
agent must act on a plat shall be suspended: (i) from the date the appeal of a decision on a request for a
variation or exception is submitted under section 14-203.1 until the date the planning commission or the
board of supervisors, as the case may be, acts on the appeal, whichever takes the final action; (ii) from the
date of the letter to the subdivider until the date the revised preliminary plat addressing the required
changes is submitted under section 14-223(B); (iii) from the date of the subdivider's request for a deferral
under section 14-221(A); and (iv) during any extension granted under section 14-221(Q.
C. Action to approve and notice of approval. If the agent determines that the preliminary
plat complies with all applicable requirements, he shall approve the plat and promptly issue a letter to the
subdivider informing the subdivider of the approval and stating the requirements that must be included
with submittal of the final plat and those conditions which must be satisfied prior to approval of the final
plat and, where applicable, those conditions which must be satisfied prior to issuance of a grading permit
under section , "'� 17-412. The agent shall mail the letter by first class mail, personally deliver it to
the subdivider, or, if consented to by the subdivider in writing, deliver it by fax or email.
D. Action to disapprove and notice of disapproval. If the agent determines that the plat does
not comply with all applicable requirements, he shall disapprove the plat and promptly issue a letter to the
subdivider stating the reasons for disapproval by identifying the plat's deficiencies and citing the
applicable sections of this chapter or other applicable laws, and what corrections or modifications will
permit approval of the plat. The agent shall mail the letter by first class mail, personally deliver it to the
subdivider, or, if consented to by the subdivider in writing, deliver it by fax or email.
E Action to disapprove because of failure to make required revisions; notice of
disapproval; opportunity to resubmit. If the subdivider submits a revised plat under section 14-220 that
fails to address all of the required changes, the plat shall be disapproved. Within fifteen (15) days after the
date the notice of disapproval required by subsection (D) is mailed or delivered by the agent, the
subdivider may resubmit the preliminary plat. The date of the next application deadline after the
resubmittal of the plat shall be deemed to be the date upon which the plat was officially submitted. In the
event the subdivider fails to resubmit the plat within the fifteen (15) day period, the plat shall be deemed
to be disapproved and a new application and fee shall be required for submittal of the plat.
((§ 14-214: (§ 7, 8-28-74; § 18-46, 9-5-96)(§ 8, 8-28-74; 6-3-81; § 18-53(part), 9-5-96); §§ 18-46, 18-53;
§ 14-214, Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)(§ 14-219: (§ 18-13, 12-21-83;
9-5-96)(§ 7, 8-28-74; § 18-47 (part), 9-5-9)(§ 7, 8-28-74; § 18-48, 9-5-96); §§ 18-13, 18-47, 18-48; § 14-
214, Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05); §§ 14-214, 14-219; §14-222; Ord.
13-14(1), 12-4-13, effective 1-1-14)
State law reference — Va. Code §§ 15.2-2241(9),15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-225 Effect of
approving a preliminary plat on early or mass grading.
(Formerly Review and action on final plat by commission; Repealed 1-1-14)
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11
Draft: 12/01/14
On any subdivision within a conventional or planned development district, early or mass rg ading
may be approved under chapter 17, subject to the following: (ice) no grading permit, building permit, or
other permit shall be issued and no land disturbingay may begin until the subdivider satisfies the
requirements of sections 17-414 through 17-417: provided that land disturbing activity may occur prior to
approval of a stormwater management plan if the activity was previouslycovered under the enerall
permit, as that term is definedin chapter 17, issued by the Commonwealth on July1, 2009: (ii) the
subdivider has satisfied the conditions of approval identified b, the he agent in the letter required by section
14-222(C): and (iii) any subdivision within a dam break inundation zone is subject to section 14-441.
(Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference — Va. Code §§ 15.2-2241, 62.1-44.15:55.
Sec. 14-226 Submittal of final plat; determination of completeness.
Each final plat shall be submitted to the agent and processed as follows:
A. Prerequisites to submittal. A final plat shall not be submitted unless: (i) a preliminary
plat was approved if required by section 14-213 for the subdivision and it remains valid; (ii) the final plat
satisfies all of the requirements of seetion 14 303 and seet ons 14 304 sections 14-303 through 14-318;
and (iii) the final plat satisfies all of the conditions delineated in the letter provided under section 14-
222(C) required to be satisfied prior to submitting the final plat.
B. Notice and recipients: preliminary plat not submitted or approved. The agent shall
provide notice that a final plat has been submitted as provided in section 14-218(F). (G) and (H) in any
case where a final plat is submitted without a preliminary plat first being submitted as provided in section
14-213 and approved.
-RC. Date of official submittal. A final plat shall be submitted for approval within one (1) year
after the date of approval of the preliminary plat was mailed or delivered as provided in section 14-
222(C). A final plat submitted ten (10) days or less before the one (1) year period expires shall be deemed
to be officially submitted on the date it is submitted provided that it is complete by satisfying the
requirements of subsection (A). A final plat submitted more than ten (10) days before the one (1) year
period expires shall be deemed to be officially submitted on the date of the next application deadline
established by the agent after the submittal of the plat and the agent's determination that the plat is
complete.
ED. Timing of review to determine completeness. The agent's review to determine whether a
final plat is complete shall be made within ten (10) days after it was submitted.
PE. Determination that plat is incomplete; notice. A final plat not satisfying the requirements
of subsection (A) shall be deemed to be incomplete and shall not be accepted for official submittal by the
agent. The agent shall inform the subdivider in writing of the reasons for the disapproval, with citation to
the applicable section of this chapter or other law, and what corrections or modifications will permit
acceptance of the plat. The agent shall notify the subdivider or his or her agent of the disapproval in
writing by first class mail, personal delivery, or, if consented to by the subdivider in writing, by fax or
email.
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RE Resubmittal. Within fifteen (15) days after the date the notice of disapproval was mailed
or delivered by the agent, the subdivider may resubmit the final plat together with payment of the fee for
the reinstatement of review. The date of the next application deadline after the resubmittal of the plat shall
be deemed to be the date upon which the plat was officially submitted. In the event the subdivider fails to
resubmit the plat within the fifteen (15) day period, the plat shall be deemed to be disapproved and a new
application and fee shall be required for submittal of the plat.
PG. Transmittal. A final plat deemed officially submitted shall be transmitted to the site
review committee. If state agency approval of a final plat is required, the agent shall forward to the state
agency all documents necessary to allow it to conduct its review within ten (10) days after the final plat is
deemed officially submitted.
((§7, 8-28-74; § 18-51, 9-5-96)(§ 8, 8-28-74; 6-3-81; § 18-53, 9-5-96); §§ 18-51, 18-53; § 14-221, Ord.
98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05; § 14-226; Ord. 13-14(1), 12-4-13, effective 1-
1-14)
State law reference — Va. Code §§ 15.2-2241(9),15.2-2255, 15.2-2258, 15.2-2259, 15.2-2286(A)(8).
Sec. 14-227 Review of final plat by site review committee.
Upon receipt of a final plat from the agent, the site review committee shall review the plat and
make its recommendations as follows:
A. Review for compliance with chapter 14. The plat shall be reviewed to determine that it
complies with the requirements of chapter 14 in effect when the preliminary plat was approved.
B. Review for compliance with chapter 18 and other laws. The plat shall be reviewed to
determine whether it complies with the requirements of chapter 18 and other applicable laws in effect at
the time of final plat review, including but not limited to, sections 17-403 and 17-404; provided that the
subdivider may establish that its rights have vested to have the final plat reviewed under prior versions of
chapter 18 or other applicable laws.
C. Review for compliance with conditions of preliminary plat approval. If a preliminary plat
was submitted and approvedtThe plat shall be reviewed to confirm that it satisfies all of the conditions
required to be satisfied prior to submitting the final plat, and all of the conditions required to be satisfied
prior to final plat approval, delineated in the letter provided under section 14-222(C).
D. Recommendation. Upon completion of its review, the site review committee shall
transmit to the agent its recommendation for approval if it determines that the plat satisfies the
requirements of subsections (A), (B) and (C), or its recommendation for required changes if it determines
the plat does not satisfy the requirements of subsections (A), (B) or (C).
(§ 14-222; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05; §14-227; Ord. 13-14(1), 12-
4-13, effective 1-1-14)
State law reference — Va. Code §§ 15.2-2121, 15.2-2241(9),15.2-2255, 15.2-2258, 15.2-2259,15.2-2286(A)(8).
Sec. 14-231.1 Recordation and pPeriod of validity of approved final plat.
An approved final plat is valid as follows:
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Draft: 12/01/14
A. Recordation within one year after approval. An approved final plat shall be recorded
within one (1) year after the date of approval in the office of the clerk of the circuit court of the county. If
the plat is not recorded within the one (1) year period, the approval shall be withdrawn and the plat
marked void and returned to the agent
AB. Subdivisions generally; valid for five years or longer. An approved final plat that has
been timely recorded and is not eligible for being platted in phases under subsection (RC) shall be valid
for: (i) a period of not less than five (5) years after the date of its approval or for a longer period as the
agent may, at the time of approval, determine to be reasonable, taking into consideration the size and
phasing of the proposed subdivision; and (ii) any additional period as may be provided by state law. A
plat shall be deemed to be approved once it has been signed by the agent and if the only requirement
remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows.
RC. Subdivisions eligible to be platted in phases; right to record final plats in remaining
sections. If a subdivider timely records a final plat that is a section of a subdivision as shown on an
approved preliminary plat and the subdivider furnishes the surety required by section 14-435 in the
amount of the estimated cost of construction of the facilities to be dedicated for public use within the
section and maintained by the county, the Commonwealth, or any other public agency, the subdivider
may record final plats for the remaining sections shown on the preliminary plat for a period of five (5)
years after the recordation date of any section, or for such longer period as the agent may, at the time
approval, determine to be reasonable, taking into consideration the size and phasing of the proposed
subdivision, subject to engineering and construction standards and zoning requirements in effect at the
time that each remaining section is recorded.
ED. Request for extension. Upon application by the subdivider submitted prior to expiration
of a final plat, the agent may grant one or more extensions of the approval for additional periods as the
agent may, at time the extension is granted, determine to be reasonable, taking into consideration the size
and phasing of the proposed subdivision, and the laws, ordinances and regulations in effect at the time of
the request for an extension. If the agent denies the request, he shall promptly issue a letter to the
subdivider stating the reasons for the denial. The agent shall mail the letter by first class mail, personally
deliver it to the subdivider, or, if consented to by the subdivider in writing, deliver it by fax or email.
DE. Judicial review if request for extension denied. If the agent denies an extension requested
under subsection (ED) and the subdivider contends that the denial was not properly based on the
regulation applicable thereto, the considerations for granting an extension delineated in subsection (ED),
or was arbitrary or capricious, the subdivider may appeal the denial to the circuit court as provided in
Virginia Code § 15.2-2261.
E. Rights attached to valid approved final plat. For so long as the final plat remains valid in
accord with the provisions of this section, no change or amendment to any county ordinance, map,
resolution, rule, regulation, policy or plat adopted after the date the plat was approved shall adversely
affect the right of the subdivider or its successor in interest to commence and complete an approved
subdivision in accordance with the lawful terms of the approved plat unless the change or amendment is
required to comply with state law or there has been a mistake, fraud or a change in circumstances
substantially affecting the public health, safety or welfare.
F. Effect of minor amendments and boundary line adjustments. A subdivider's application
for a minor amendment to an approved final plat or for a boundary line adjustment during a final plat's
period of validity shall not constitute a waiver of the provisions of this section. The agent's approval of a
minor amendment or a boundary line adjustment shall not extend the period of validity of the final plat.
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Draft: 12/01/14
((§ 14-229: Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)(§ 14-230: Ord. 98-A(1), 8-
5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)(§ 14-231: § 7, 8-28-74; § 18-50, 9-5-96; § 14-231, Ord.
98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05); §§ 14-229, 14-230, 14-231; § 14-231.1; Ord.
13-14(1), 12-4-13, effective 1-1-14)
State law reference — Va. Code §§ 15.2-2209.1, 15.2-2241(5)__$), 15.2-2261.
Sec. 14-232 When private streets in rural areas may be authorized.
A private street may be authorized in the rural areas under the following circumstances, provided
that the findings required by section 14-234(C) are made:
A. By the commission. The commission may authorize a subdivision to be developed with
one (1) or more new private streets only under any of the following circumstances:
1. To alleviate significant degradation to the environment. One or more private
streets may be authorized if: (i) the property is within either the rural areas (RA) or village residential
(VR) zoning districts; (ii) the private streets will alleviate a clearly demonstrable likelihood of significant
degradation to the environment of the property or any land adjacent thereto resulting from the
construction of a public street in the same alignment; (iii) no alternative public street alignment is
available which would alleviate significant degradation of the environment; (iv) no more lots are
proposed on the private streets than could be created on a public street due to right-of-way dedication; and
(v) the proposed private streets demonstrably promote sensitivity toward the natural characteristics of the
land and encourages the subdivision of land in a manner that is consistent and harmonious with
surrounding development. The term "significant degradation" means either:
(a) The total volume of grading for construction of a public street would be
thirty (30) percent or more than that of a private street in the same alignment, based upon profiles, typical
sections, earthwork computations, and other information deemed necessary by the county engineer,
submitted by the subdivider and reviewed by the county engineer; or
(b) Environmental impacts including, but not limited to, erosion and
sedimentation, stormwater luneff discharge, surface water pollution, loss of tree cover and/or the loss of
indigenous vegetation resulting from a public street, which would be substantially greater than that of a
private street in the same alignment, based upon evidence submitted by the subdivider and reviewed by
the county engineer and other qualified staff.
2. The lots will be used for non-residential or non-agricultural purposes.
3. General welfare. One or more private streets may be authorized if the general
welfare, as opposed to the proprietary interest of the subdivider, would be better served by the
construction of one or more private streets than by the construction of public streets.
B. By the agent. The agent may authorize the following subdivisions to be developed with
one (1) or more new private streets or shared driveways:
1. A family subdivision.
2. A two -lot subdivision if the division contains only two lots and the private street
will serve only those lots and will be the sole and direct means of access to a public street.
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Draft: 12/01/14
(8-28-74; § 18-36, 9-5-96; § 14-232, Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference -Na. Code § 15.2-2242(3).
Article III. Subdivision Plat Requirements and Documents to be Submitted
Division 1. Plat Requirements
Sec. 14-302 Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in
order for a preliminary plat to be deemed complete under section 14-218:
9. Building sites on proposed lots. The location, area and dimensions of a building
site on each proposed lot complying with the requirements of section 18-4.2. The plat shall also contain
the following note: "Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a
building site that complies with sections 18-4.2.1 and 18-4.2.2 of the Albemarle County Zoning
Ofdinanee Code."
(8-28-74; 2-4-81; § 18-52, 9-5-96; § 14-302, Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05; Ord. 08-14(1), 2-6-08; Ord. 11-14(1), 6-1-11; Ord. 13-14(1), 12-4-13, effective 1-1-14; Ord. 14-
14(1), 3-5-14; Ord. 14-14(2), 3-5-14)
State law reference -Na. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2262.
Federal law reference - 44CFR § 60.3(b)(3).
Sec. 14-303 Contents of final plat.
In addition to containing all of the information required by section 14-302, e*eept the
a final plat shall contain the following information:
U. Tonography. Existing topography ono rag aphy at the time of plat submittal as provided in section 14-
302(A)(12), provided that this information is not required if a preliminary plat has been previously
approved and is valid at the time of submittal of the final plat.
(§ 8, 8-28-74; 2-4-81; § 18-55, 9-5-96; § 14-303, Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02; Ord. 05-
14(1), 4-20-05, effective 6-20-05; Ord. 11-14(1), 6-1-11; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference -Na. Code §§ 15.2-2241(1), 15.2-2262, 15.2-2264.
Division 2. Documents and Information to be Submitted
with Preliminary or Final Plat
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Draft: 12/01/14
Sec. 14-305 Stormwater management information.
The subdivider shall submit with each preliminary plat or, if none, with each the final plat:
A. Removal rate computations and project drainage area maps as described in the design
standards manual to support conceptual stormwater management plans. In addition, the subdivider shall
submit a written request and justification for any waiver of water detention requirements allowed by the
water protection ordinance, if such a waiver is needed.
B. If applicable, a mitigation plan as provided in seetio 17 322 17-406 of the z
(Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-
14)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.
Sec. 14-307 Stream crossings.
If any lot within the subdivision would be served by a street or driveway crossing a perennial or
intermittent stream, the subdivider shall submit with each preliminary plat or, if none, with each final plat,
the information required to show that the stream crossing would satisfy the requirements of section 47-
320(D) 17-603 or, in the alternative, section 17 321(4) 17-604.
(Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference--Va. Code §§ 62.1-44.15:73.
Division 3. Documents and Information to be Submitted with Final Plat
Sec. 14-308.1 Groundwater assessment information.
Groundwater assessments required by section 47-40-2 17-1002 shall be initiated by the program
authority upon the submittal of the preliminary plat or the final plat if a preliminary plat is not submitted.
The draft groundwater management plans and :i€er aauifer testing workplans required by sections 17-
403 and 17 404 17-1003 and 17-1004, as applicable, shall be submitted in conjunction with the submittal
of the preliminary plat or the final plat if a preliminary plat is not submitted. The requirements of sections
17-402, 17-403 and 17-404 shall be satisfied prior to final plat approval.
(Ord. 04-14(1), adopted 12-8-04, effective 2-8-05; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference -- Va Code § 15.2-2121.
Article IV. On-site Improvements and Design
Division 1. Lots and Blocks
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
17
Draft: 12/01/14
A. Single point of access required. Each lot, other than a corner lot within the development
areas, shall have reasonable access to the building site from only one street, shared driveway or alley
established at the same time as the subdivision; provided that, if the subdivision is in the rural areas, each
lot created from the subsequent division of any lot within the subdivision shall enter only onto such
street(s) established at the same time as the original subdivision and shall have no immediate access onto
any other public street.
B. Conditions when single point of access not required. Notwithstanding subsection (A), a
lot may be located so that it has reasonable access to the building site from a public street abutting the
subdivision if: (i) the agent approves a variation or exception under subsection (D) and section 14-203.1;
(ii) the subdivider obtains an entrance permit from the Virginia Department of Transportation for the
access; (iii) the entrance complies with the design standards set forth in sections 14-410(F) and 14-
410(G); and (iv) the subdivider demonstrates to the agent prior to approval of the final plat that the
variation or exception does not violate any covenants to be recorded for the subdivision.
C. Lots exempt from requirements of subsections (A) and (B). The requirements of
subsections (A) and (B) shall not apply to the subdivision of a parcel where two (2) or more dwellings
existed on the parcel on October 14, 2009 and one existing dwelling would be located on each lot created
or to the subdivision of a site that is in accord with an approved and valid zoning map amendment, special
use permit, or site plan.
D. Standards for variation or exception. The requirements of subsection (A) may be varied
or excepted by the agent as provided in section 14-203.1. A request for a variation or exception may be
made prior to or with submittal of a preliminary or final plat, as follows:
1. Information to be submitted. A request shall include a justification for the
variation or exception and a conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller
than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property or an
alternative scale approved by the agent; (ii) show the topography of the property at the best interval
available from the County including delineation of proposed building sites; (iii) show the locations of
streams, stream buffers, steep slopes, floodplains, and known wetlands; and (v) show the proposed layout
of lots, location of existing features such as buildings, fences, drainfields, existing driveways or other
access ways, or other significant features.
2. Consideration. In reviewing a request for a variation or exception and
determining whether the findings provided in section 14-203.1 can be made, the agent shall consider
whether: (i) installing a single point of access would substantially impact environmental resources such as
streams, stream buffers, steep slopes, and floodplain; (ii) construction of a single point of access would
substantially impact features existing on the property prior to October 14, 2009; (iii) granting the variation
or exception would contribute to maintaining an agricultural or forestal use of the property; and (iv)
granting the a variation or exception would facilitate development of areas identified in the open space
plan as containing significant resources.
E. Terms defined. For purposes of this section, the term "reasonable access" means a
location for a driveway or, if a driveway location is not provided, a location for a suitable foot path from
the parking spaces required by the zoning ordinance to the building site; the term "within the subdivision"
means within the exterior boundary lines of the lands being divided.
((§ 14-500(C): (§ 18-29(part), 8-28-74; 9-5-96)(§ 18-34(part), 8-28-74; 9-5-96);§§ 18-299 18-34; § 14-
500; Ord. 98-A1, 8-5-98; Ord. 02-14(1), 2-6-02) (§14-505: (§ 18-36 (part): 8-38-74; 9-5-96)(§ 18-39
W.
Draft: 12/01/14
(part): 8-28-74; 5-10-77; 10-19-77; 9-5-96); §§ 18-36, 18-39; § 14-505, Ord. 98-A(1), 8-5-98); §§ 14-
500(C), 14-505; § 14-404, Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09; Ord. 10-
14(1), 2-10-10; Ord. 13-14(1), 12-4-13, effective 1-1-14; Ord. 14-14(2), 3-5-14)
State law reference -Na. Code §§ 15.2-2241(5), 15.2-2242(1).
Division 2. Streets and Alleys
Sec. 14-409 Coordination and extension of streets.
Public streets within the development areas shall be coordinated and extended as follows:
A. Coordination. All public streets within a subdivision shall be coordinated as to location,
width, grades and drainage with other public streets, as follows: (i) by coordinating with existing or
planned streets within the general area of the subdivision, including but not limited to existing or future
adjacent subdivisions, or subdivisions contiguous to such adjacent subdivisions; and (ii) by continuing the
public streets to planned, existing, or platted streets into adjoining areas by dedication or reservation of
right of way adequate to accommodate continuation of the streets.
B. Extension. All public streets within a subdivision shall be extended and constructed to
the abutting property lines to provide vehicular and pedestrian interconnections to future development on
adjoining lands, terminating within the subdivision with a temporary turnaround. The arrangement of the
public streets shall provide adequate access to adjoining lands within the subdivision where necessary to
provide for the orderly development of the county including, but not limited to, reserving temporary
construction easements of sufficient area to accommodate the future completion of the street when the
adjoining lands are developed.
C. Variation or exception by commission of coordination requirement. The requirements of
subsection (A) may varied or excepted by the commission as provided in section 14-203.1. A request for
a variation or exception may be made prior to or with submittal of a preliminary plat or a final plat if a
preliminary plat is not submitted or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the
location of the nearest development and rural area boundaries, and the maximum number of lots proposed
in the subdivision.
2. Consideration. In reviewing a request for a variation or exception under section
14-203.1, the commission shall consider: (i) the engineering requirements for coordination and
connection; (ii) whether the need for coordination and connection outweighs the impacts on
environmental resources such as streams, stream buffers, steep slopes, and floodplain; (iii) whether the
street would and should be extended into the rural areas; (iv) whether there is an alternative street
connection from another location in the subdivision that is preferable because of design, traffic flow, or
the promotion of the goals of the comprehensive plan, including the neighborhood model, and the
applicable neighborhood master plan; and (v) whether the variation or exception would enable a different
19
Draft: 12/01/14
principle of the neighborhood model to be satisfied to a greater extent so that the overall goals of the
neighborhood model are more fully achieved.
D. Variation or exception by agent of extension requirement. The requirements of
subsection (B) may be varied or excepted by the agent as provided in section 14-203.1. A request for a
variation or exception may be made prior to or with submittal of a preliminary plat, a final plat if a
preliminary plat is not submitted or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii)
identification of the location of the nearest development and rural area boundaries and the maximum
number of lots proposed in the subdivision.
2. Consideration. In reviewing a request for a variation or exception under section
14-203.1, the agent shall consider whether: (i) extending the street to the abutting property line would
require offsite easements; (ii) the need for the extension outweighs the impacts on environmental
resources such as streams, stream buffers, steep slopes, and floodplain; (iii) alternative connections to the
abutting lands from a different location would provide a better connection; (iv) the subdivider would
contribute to the cost to complete the extension to the abutting property line when the adjoining lands are
developed, and how; and (v) the street would be extended into the rural areas.
3. Requirements if variation or exception granted. If the agent grants the variation
or exception: (i) the public street shall be constructed past the point at which the primary structures on the
lots abutting the street would rely on the finished grade for landscaping and other improvements, but in
no case less than thirty (30) feet beyond the curb line or ditch line on those lots; (ii) the subdivider shall
dedicate the required right of way to the abutting property line, along with all easements required to allow
the street connection to be constructed in the future; (iii) the required easements shall prohibit any
improvements being established therein; (iv) the subdivider shall provide a surety guarantee or an escrow
of funds for its share of the cost to complete the extension if determined by the agent to be necessary; the
type of surety guarantee or the escrow shall be acceptable to the county engineer and be approved by the
county attorney; and (v) the agent may require that the subdivider install and maintain a sign at the end of
the constructed portion of the street stating that the street is a future through street, and that the sign is
maintained until the county grants final approval of extending the street to the abutting property.
(8-28-74; 3-29-78; 11-21-79; § 18-37, 9-5-96; § 14-510, Ord. 98-A(1), 8-5-98; § 14-409, Ord. 05-14(1),
4-20-05, effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference -Na. Code §§ 15.2-2241(2), (4), 15.2-2242(1).
Sec. 14-410 Standards for all streets and alleys.
The following minimum design standards shall apply to all streets and alleys within a
subdivision:
A. Layout. Each street shall be configured, to the extent practicable, to conform to the
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natural topography, to minimize the disturbance of steep slopes and natural drainage areas, and to provide
vehicular and pedestrian interconnections within the subdivision and existing or future development on
adjoining lands, as provided in section 14-409.
B. Angle of intersection. An angle of intersection of not less than eighty (80) degrees is
acceptable; however, a perpendicular intersection, where practical, is preferred. The county engineer may
grant an exception to this requirement for a private street in accord with American Association of State
Highway and Transportation Officials guidelines.
C. Temporary turnarounds. Streets more than three hundred (300) feet in length from an
intersection, or proposed to serve more than four (4) dwelling units that terminate temporarily shall be
provided with a temporary turnaround meeting American Association of State Highway and
Transportation Officials guidelines. The temporary turnaround shall be extended to the abutting property
line unless a waiver is granted as provided in section 14-409(D). The temporary turnaround shall exist
until the street extensions are accepted into the secondary system of state highways.
D. Alleys. Alleys with a right-of-way or easement width of not less than twenty (20) feet
may be provided in the rear or side of all commercial, industrial, and residential lots. The design
specifications shall be determined by the county engineer, subject to the following: (i) the alley design
shall allow emergency services vehicles such as police cars and ambulances to use the alley; and (ii) an
alley need not be designed to accommodate the largest emergency services vehicles, except that if
firetrucks do not have adequate access to one or more lots from a street, the county engineer shall require
that the alley be designed to accommodate firetrucks. The agent may authorize an alley to be established
with a right-of-way or easement width of less than twenty (20) feet if the county engineer determines that
the proposed design incorporates features that assure public safety and welfare. The county engineer shall
consider the provision of adequate access to required onsite parking and/or garages, unimpeded vehicular
circulation along the alley, an adequate clear zone along the alley, and other safety issues deemed
appropriate for the conditions. Alley rights-of-way may either be established as privately held fee simple
interests or as privately held easements.
E. Reserved or spite strips. Reserved or spite strips restricting access from adjoining lands
to an existing or future street or alley shall not be permitted; provided that nothing herein shall prohibit
areas for scenic planting and landscaping where adequate access to the adjoining lands is otherwise
available.
F. Principal means of access to subdivision. The principal means of access to a subdivision
shall be either a public street or a private street. The principal means of access shall conform, in the case
of a public street, to Virginia Department of Transportation standards, or, in the case of a private street, to
the standards of the county as set forth in section 14-412, throughout the street's length, including any
distance between the boundary of the subdivision and any existing public street. If discharge water of a
twenty-five (25) year storm could be reasonably anticipated to inundate, block, destroy or otherwise
obstruct a principal means of access to a residential subdivision, the following shall also apply:
1. The principal means of access shall be designed and constructed so as to provide
unobstructed access at the time of flooding; and/or
2. An alternative means of access which is not subject to inundation, blockage,
destruction or obstruction, and which is accessible from each lot within the subdivision shall be
constructed.
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G. Drainage. Adequate drainage control shall be provided for streets by installing culverts
under streets; side, lead, or outlet ditches; catch basins; curb inlets; or any other devices, including piping,
as determined to be necessary by the county engineer. All of these improvements shall meet the standards
of the county or, in the event no county standards exist, Virginia Department of Transportation standards.
H. Curb, curb and gutter, sidewalks and planting strips. In the development areas, streets
shall be constructed with curb or curb and gutter, sidewalks and planting strips. Sidewalks and planting
strips shall designed and constructed in compliance with section 14-422.
I. Variation of or exception to requirement for curb or curb and gutter. The requirement
for curb or curb and gutter may be varied or excepted by the commission as provided in section 14-203.1.
A request for a variation or exception may be made prior to or with submittal of a preliminary plat, a final
plat if a preliminary plat is not submitted_or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the
maximum number of lots to be served by the rural cross-section street, the location of the nearest
development and rural area boundaries, and a cross-section of existing streets to which the proposed
subdivision streets would be extended, if any.
2. Consideration. In reviewing a request for a variation or exception under section
14-203.1 to allow a rural cross-section (no curb and no curb and gutter) instead, the commission shall
consider: (i) the number of lots in the subdivision and the types of lots to be served; (ii) the length of the
street; (iii) whether the proposed street(s) or street extension connects into an existing system of streets
constructed to a rural cross-section; (iv) the proximity of the subdivision and the street to the boundaries
of the development and rural areas; (v) whether the street terminates in the neighborhood or at the edge of
the development area or is otherwise expected to provide interconnections to abutting lands; (vi) whether
a rural cross-section in the development areas furthers the goals of the comprehensive plan, with
particular emphasis on the neighborhood model and the applicable neighborhood master plan; (vii)
whether the use of a rural cross-section would enable a different principle of the neighborhood model to
be more fully implemented; and (viii) whether the proposed density of the subdivision is consistent with
the density recommended in the land use plan section of the comprehensive plan.
((§ 18-37: 8-28-74; 3-29-78; 11-21-79; 9-5-96)(§ 18-39 (part): 8-28-74; 5-10-77; 10-19-77; 9-5-96); §§
18-37, 18-39; § 14-512, Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02, § 14-410, Ord. 05-14(1), 4-20-05,
effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-14; Ord. 14-14(2), 3-5-14)
State law reference -Na. Code §§ 15.2-2241(4), 15.2-2242(1), 15.2-2242(3).
Sec. 14-413 Improvement of existing public streets.
Existing public streets that will serve a subdivision shall be improved as follows:
A. Prior to approval of a preliminary plat or a final plat if a preliminary plat is not submitted,
the agent shall consider whether existing public streets that will serve the subdivision are adequate to
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accommodate the increase in traffic which may be reasonably expected to result from the development of
the subdivision. If the agent determines that the existing streets will be inadequate, he may require that
the streets be improved so as to accommodate traffic resulting from the development of the subdivision.
B. For purposes of this section, the term "street that will serve the subdivision" shall mean a
public street that is either: (i) located on the property; (ii) will provide immediate vehicular access to any
lot of the subdivision; (iii) the principal means of access to the subdivision as described in section 14-
410(F); or (iv) a public street which will serve as an entrance to the subdivision as described in section
14-410(F), but which is not the principal means of access to the subdivision.
C. For purposes of this section, the term "improved to accommodate traffic" shall mean: (i)
for a public street that is located on the property, any street improvement which may be required by this
chapter; and (ii) for any street that will serve the subdivision, improvements on that part of the public
street that abuts either the subdivision or the street that provides access to the subdivision, if the need for
the improvements are substantially generated by the development of the subdivision.
(8-28-74; 5-10-77; 10-19-77; § 18-39, 9-5-96; § 14-515, Ord. 98-A(1), 8-5-98, § 14-413, Ord. 05-14(1),
4-20-05, effective 6-20-05)
State law reference -Na. Code § 15.2-2241(4).
Sec. 14-417 Stormwater management facilities and other control measures.
Stormwater management facilities serving a subdivision shall be designed to comply with the
water protection ordinance. The subdivider shall design and construct all on-site stormwater management
facilities and other control measures required by the water protection ordinance or determined by the
county engineer to be necessary to control stormwater fune€f discharge in compliance with the water
protection ordinance, any proffers applicable to the subdivision, or any other applicable law.
(§ 14-520, Ord. 98-A(1), 8-5-98; § 14-417, Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference -Na. Code § 15.2-2241(3).
Division 3. Water, Sewers and Other Improvements
Sec. 14-422 Sidewalks and planting strips.
Sidewalks and planting strips shall be provided as follows:
A. Requirement. Sidewalks and planting strips for street trees and other vegetation shall be
established on both sides of each new street within a subdivision creating lots for single family detached
and single family attached dwellings in the development areas.
B. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the
Virginia Department of Transportation shall be designed and constructed according to Virginia
Department of Transportation standards or to the standards in the design standards manual, whichever is
greater. Each sidewalk proposed to be privately maintained shall be constructed using concrete, designed
so that no concentrated water flow runs over them, and otherwise satisfy the standards in the design
standards manual. The agent may allow privately maintained sidewalks to be a 10 -foot multi -use asphalt
path in unique circumstances such as a path leading to a school or major employment center. The asphalt
path generally shall run parallel to the street and shall be constructed to a standard deemed adequate by
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the county engineer to be equivalent to or greater than the applicable standard in the design standards
manual, so as to adequately protect the public health, safety or welfare.
C. Sidewalk ownership. Each sidewalk proposed to be accepted for maintenance by the
Virginia Department of Transportation shall be dedicated to public use. Each sidewalk proposed to be
privately maintained shall be conveyed to a homeowners association for ownership and maintenance.
The agent may require that a sidewalk proposed by the subdivider to be privately maintained instead be
dedicated to public use if the agent determines there is a need for the sidewalks to be publicly owned and
maintained.
D. Planting strip design. Each planting strip shall be a minimum of six (6) feet in width
except that the minimum width may be less in areas of transition between rural cross-section and urban
cross-section streets. On an urban cross-section street, the planting strip shall be located between the curb
and the sidewalk. The planting strip shall be located between the paved travelway and the sidewalk.
E. Variation of or exception to sidewalk requirements. The requirements for sidewalks may
be varied or excepted by the commission as provided in section 14-203.1. A request for a variation or
exception may be made prior to or with submittal of a preliminary plat a final plat if a preliminary plat is
not submitted, or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the
location of any existing pedestrian network in the area, whether it is publicly or privately maintained,
descriptions by widths and surfaces of the pedestrian ways within the existing pedestrian network, a
proposed alternative profile and the intended ownership and maintenance.
2. Consideration. In reviewing a request to vary or except the requirement for
sidewalks, the commission shall consider whether: (i) a variation or exception to allow a rural cross-
section has been granted; (ii) a surface other than concrete is more appropriate for the subdivision because
of the character of the proposed subdivision and the surrounding neighborhood; (iii) sidewalks on one
side of the street are appropriate due to environmental constraints such as streams, stream buffers, steep
slopes, floodplain, or wetlands, or because lots are provided on only one side of the street; (iv) the
sidewalks reasonably can connect into an existing or future pedestrian system in the area; (v) the length of
the street is so short and the density of the development is so low that it is unlikely that the sidewalk
would be used to an extent that it would provide a public benefit; (vi) an alternate pedestrian system
including an alternative pavement could provide more appropriate access throughout the subdivision and
to adjoining lands, based on a proposed alternative profile submitted by the subdivider; (vii) the sidewalks
would be publicly or privately maintained; (viii) the waiver promotes the goals of the comprehensive
plan, the neighborhood model, and the applicable neighborhood master plan; and (ix) waiving the
requirement would enable a different principle of the neighborhood model to be more fully achieved.
F. Variation of or exception to planting strip requirements. The requirements for planting
strips may be varied or excepted by the commission as provided in section 14-203.1. A request for a
variation or exception may be made prior to or with submittal of a preliminary plat, a final plat if a
preliminary plat is not submitted, or with an application to rezone the land, as follows:
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1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable.
2. Consideration. In reviewing a request to vary or except any requirement for
planting strips, the commission shall consider whether: (i) a variation or exception to allow a rural cross-
section has been granted; (ii) a sidewalk variation or exception has been granted; (iii) reducing the size of
or eliminating the planting strip promotes the goals of the comprehensive plan, the neighborhood model,
and the applicable neighborhood master plan; and (iv) waiving the requirement would enable a different
principle of the neighborhood model to be more fully achieved.
(8-28-74; 5-10-77; 10-19-77; § 38-39, 9-5-96; § 14-422, Ord. 98-A(1), 8-5-98, § 14-525; Ord. 05-14(1),
4-20-05, effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-14; Ord. 14-14(2), 3-5-14)
State law reference -Na. Code §§ 15.2-2241(5), 15.2-2242(1).
Sec. 14-429 Reservation of land for streets, alleys, walkways, waterways or public areas shown on
map.
The agent may require a subdivider to reserve for future dedication to the county a part of the
property suitable for streets, alleys, walkways, waterways or public areas if they are shown on an official
map or other map adopted under Virginia Code § 15.2-2233, as follows:
A. Land reserved for future dedication under this section shall be set apart on the final plat
and be identified by a note on the plat stating that the land is reserved for future dedication for public use.
The land reserved shall not be developed except as provided in this section.
B. When a subdivision plat or site plan to allow the reserved land to be developed is
submitted to the county, the subdivision plat or site plan shall be reviewed and acted on as provided in
this chapter (subdivision plat) or sere the zoning ordinance (site plan). If the subdivision plat or
site plan is disapproved for the sole reason that the county wants the land to be dedicated to public use,
the county shall have sixty (60) days to request that the land be dedicated to public use and the dedication
shall be completed within one hundred twenty (120) days after the date of disapproval. If the county has
not acted within the one hundred twenty (120) day period, the subdivision plat or site plan shall be
approved provided that all other requirements of law have been satisfied. The board of supervisors shall
not be required to compensate the subdivider for the land dedicated if the need for the land is substantially
generated by the subdivision. The determination of whether the need for the land is substantially
generated by the subdivision shall be made by considering the factors for a determination set forth in
section 14-424(B).
C. The subdivider may petition the board of supervisors to release the reservation if the map
is amended to remove the street, alley, walkway, waterway or public area from the lands reserved on the
plat.
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
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State law reference--Va. Code § 15.2-2233.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Ave Nay
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
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